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Real estate agent

The real estate agent is a professional intermediary that connects buyers and sellers of real estate or business.

The profession of real estate agent can not improvise!

In accordance with the Hoguet law of January 2, 1970 and its decree of application, to be able to exercise, the real estate agent must obtain a professional card bearing the mention "Transactions on real estate and business".

It must also justify:

  • Professional aptitude (diploma and / or professional experience);
  • Not to be incapacitated or prohibited from exercising;
  • Insurance against the financial consequences of the civil liability he may incur as a result of his activity;
  • A financial guarantee to secure the funds held on behalf of third parties, with the exception of the real estate agent declaring "on his honor" his intention not to hold any funds, effect or value:
  • non-collection of funds and lack of financial guarantee: on the professional card the words "may receive funds" and "guarantee organization" are deleted;
  • collection of funds and compulsory financial guarantee: the professional card bears the mention "Can receive funds" as well as the mention of the guarantee organization. In this case, the amount of the guarantee is at least 110,000 EUR, increased to 120,000 EUR when the guarantee is from the GALIAN Real Estate Guarantee Fund. The amount of the guarantee is revised every year or in exceptional circumstances during the year;
  • non-collection and choice to take out a financial guarantee: in this case the amount of the guarantee is at least 110 000 EUR, increased to 120 000 EUR when the financial guarantee is from the Guarantee Fund of the Real Estate- GALIAN

Principal obligations of the real estate agent

Principal obligations of the real estate agent

It must display certain documents, including:

  • The number of his professional card;
  • The amount of its financial guarantee;
  • The name and contact details of its guarantee organization;
  • The rate of his fees and their methods of calculation.

It must have a written mandate, simple or exclusive, authorizing it to negotiate or to commit.

Remuneration

  • Fees are free;
  • The simple or exclusive mandate can be established with the seller or the purchaser and lasts a maximum of 3 months;
  • The professional's fees are displayed in the showcase and indicated on the mandate;
  • Fees are only collected at the end of the transaction. Never before!

The property manager is at the service of the owners ... Also called "asset manager" or "building manager", he administers and deals with the management of the property of the owners, as agent.

The property administrator

  • As such:
    • He researches and installs tenants;
    • He checks their guarantees;
    • He drafts the leases and draws up the inventory of fixtures;
    • It ensures the conservation of the property, its conformity according to the obligations and standards in force. Otherwise, he has the work done.
    • It can assure the lessor the guarantee of the payment of the rents, the charges and the unpaid taxes, as well as the deteriorations made by the tenants.

... but also tenants

  • It defines the exact nature of their needs and proposes suitable housing or business premises, corresponding to the standards of security and decency in force;
  • He assists the tenants in their administrative procedures.

It must also justify:

  • Professional aptitude (diploma and / or field experience);
  • Financial guarantee to secure funds held for third parties. Based on the maximum amount held over the last 12 months (cash flow), this financial guarantee amounts to 120,000 euros minimum for FNAIM members, 110,000 euros minimum for the others. It then increases by 20,000 euros, depending on the turnover.
  • Insurance against the financial consequences of the civil liability he may incur as a result of his activity;
  • Not to be incapacitated or prohibited from exercising.

Remuneration

  • Fees are free;
  • The simple or exclusive mandate can be established with the seller or the purchaser and lasts a maximum of 3 months;
  • The professional's fees are displayed in the showcase and indicated on the mandate;
  • Fees are only collected at the end of the transaction. Never before!

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